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PEDRAZA EX REL. PEDRAZA v. GRANDE

No. 71A03-9807-CV-325.

712 N.E.2d 1007 (1999)

Antonio PEDRAZA by next friend Jose PEDRAZA and Lydia Pedraza, Appellants-Plaintiffs, v. Esther I. GRANDE, Appellee-Defendant, Indiana Family and Social Services Administration (FSSA), and Office of Medicaid Policy and Planning (OMPP), Appellees-Intervenors.

Court of Appeals of Indiana.

May 24, 1999.

Attorney(s) appearing for the Case

Jay Lauer, South Bend, Indiana, Attorney for Appellants.

Jeffrey A. Modisett, Attorney General of Indiana, Rosemary Borek, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellees.

Thomas C. Doehrman, Conour & Doehrman, Indianapolis, Indiana, Robert W. Fechtman, Severns Associates, Indianapolis, Indiana, Attorneys for Amicus Curiae.

OPINION

FRIEDLANDER, Judge

Antonio Pedraza, by his next friends, Jose and Lydia Pedraza, appeals from a declaratory judgment entered by the St. Joseph Superior Court determining that the lien reduction statute in the Comparative Fault Act, Ind.Code Ann. § 34-4-33-12, now Ind.Code Ann. § 34-51-2-19 (the lien reduction statute), does not apply to Medicaid liens under state law. The primary issue presented in this appeal is whether the trial court...

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